What You Need to Know About Adding Your Partner to a Property Title in WA

Thinking about adding your partner to your property title in Western Australia? This step is more common than many realise and often simpler than expected. Yet, while the paperwork might be straightforward, the legal and financial implications require careful thought.

This guide explains the key points you should understand before adding your spouse or de facto partner to your property title in WA. It covers the difference between mortgage and property title, the process involved, costs, and important considerations.

Understanding Mortgage vs Property Title

Before you begin, it’s crucial to know the difference between adding your partner to the mortgage and adding them to the property title. These are two separate actions with distinct effects.

Adding your partner to the mortgage

• This means both of you share responsibility for the home loan.

• The lender will assess both incomes, credit histories, and liabilities.

• Both parties become legally responsible for repaying the loan.

  
  

Adding your partner to the property title

• This transfers a share of ownership to your partner.

• They gain legal rights and responsibilities over the property.

• Often, changing ownership requires refinancing the home loan to reflect the new arrangement.

  
  

Understanding this difference helps you decide what suits your situation best. For example, you might want joint ownership without joint borrowing, or vice versa.

The Process to Add Your Partner to a Property Title in WA

In Western Australia, the typical process for adding a partner to a property title involves several clear steps:

1. Visit a Landgate Office

   • Go to either the Perth CBD or Midland Landgate office.

   • Complete a draft Landgate transfer form.

   • Have the form witnessed by an authorised person.

   
   

   • Visit the State Revenue Office (WA) to apply for the spousal exemption from stamp duty.

   • If eligible, this exemption can significantly reduce the costs involved.

2. Apply for the Spousal Exemption

   
   

3. Lodge Final Documents with Landgate

   • Submit the final, approved paperwork for registration.

   • Processing times currently range from 30 to 40 business days.

   
   

With the spousal exemption, the Landgate registration fee can be as low as $20, depending on your circumstances. This makes the administrative side relatively affordable.

Landgate office entrance in Perth CBD, where property title transfers are processed

Costs and Financial Considerations

While the process itself is simple, the financial consequences can be complex. Here are some costs and factors to keep in mind:

• Stamp Duty

Normally, transferring property ownership triggers stamp duty. However, the spousal exemption often applies when adding a spouse or de facto partner, reducing or eliminating this cost.

• Landgate Registration Fees

These fees vary but can be as low as $20 with the exemption.

• Mortgage Refinancing Costs

If you need to refinance your home loan to reflect joint ownership, expect additional fees such as loan application fees, valuation fees, and possibly higher interest rates.

• Legal Advice

It’s wise to consult a property lawyer or conveyancer to understand the implications fully, especially regarding ownership shares and future rights.

What to Consider Before Adding Your Partner

Adding your partner to the property title is a significant decision. Here are some important points to consider:

• Ownership Shares

Decide how much of the property your partner will own. This can be equal shares or a different split based on contributions or agreements.

• Impact on Future Sale or Transfer

Joint ownership means your partner has legal rights to the property. Selling or transferring ownership later will require their consent.

• Relationship Status and Legal Rights

In WA, de facto partners have similar rights to married couples, but it’s important to confirm your status and how it affects property laws.

• Effect on Estate Planning

Adding your partner may affect your will or estate plans. Ownership shares determine who inherits the property if something happens to you.

• Mortgage Responsibility

If refinancing, both parties become responsible for the loan. Consider your partner’s financial situation and creditworthiness.

Practical Example

Imagine Sarah owns a house in Perth outright. She wants to add her de facto partner, James, to the title. Sarah visits Landgate, completes the transfer form, and applies for the spousal exemption at the State Revenue Office. Since James is her de facto partner, they qualify for the exemption, saving thousands in stamp duty.

Sarah and James decide to own the property equally. They refinance the mortgage to include James, who shares responsibility for repayments. The process takes about a month, and the total fees are minimal thanks to the exemption.

This example shows how the process can be straightforward but requires clear decisions and understanding of responsibilities.

Adding your partner to your property title in WA is a practical step many couples take. It strengthens legal ownership ties but also brings financial and legal responsibilities. Knowing the difference between mortgage and title, understanding the process, and considering the costs and implications will help you make informed decisions.

If you plan to proceed, start by visiting Landgate and the State Revenue Office websites for the latest forms and guidance. Consulting a legal professional can also provide peace of mind.